Head note

This article discusses two decisions (joined cases C-261/07 and C-299/07 (Total Belgium) and case C-304/08 (Plus Warenhandelsgesellschaft) of the European Court of Justice and their future impact on the marketing regulation in both the EU and Denmark.

The author takes the position that, since Member States are not allowed to adopt measures that are more restrictive than those set out by the UCP Directive, the two decisions will require significant changes in the Danish Marketing Practices Act.

These changes will, in particular, include the abolition of the Danish ban on trading stamps and promotion of the sale of products or services by means of possible winnings through participation in a draw, prize competition or other form of arrangement whose outcome depends wholly or partly on chance, if participation depends on a purchase.